Law Commons^™

For Msnbc, Comcast Represents Not A Threat, But An Opportunity, Daniel Lyons

Daniel Lyons

No abstract provided.

Llm Cyberlaw: Information Technology, Law And Society, Subhajit Basu

Subhajit Basu

LLM in Cyberlaw: information technology, law and society enables you to develop knowledge and skills in relation to the legal rules regulating cyberlaw activity in the UK and Europe, and at a global level.

A Failure Of Uniform Laws?, Michael Risch

Michael Risch

The Uniform Trade Secrets Act, adopted in forty-six states over 30 years, illustrates an important purpose of uniform laws: allowing states to adopt sister-state statutory interpretation when they enact the uniform statute. The case law of each UTSA state should theoretically apply in every other state adopting it, which provides an important benefit for small states that do not have enough litigation activity to generate their own substantial trade secret case law. This essay tests this purpose. It examines one small state’s opinions to see how much uniformity the UTSA provides. The results are somewhat surprising: the test state’s courts …

Los Derechos De Autor Y El Dominio Público, Rodolfo C. Rivas Rea Esq.

Rodolfo C. Rivas

The author discusses the subtle differences between Copyright and Author's Rights. Then he goes into analyzing the different ways a work can become part of the public domain and how it varies from jurisdiction to jurisdiction and from time to time.////////////////////////////////////////////////////El autor analiza las sutiles diferencias entre los derechos de autor y el copyright. Posteriormente se adentra en el análisis de las formas en las que una obra entra dentro del dominio público, y como estas varían dependiendo del territorio y de la época.

Network Accountability For The Domestic Intelligence Apparatus, Danielle Keats Citron, Frank Pasquale

Danielle Keats Citron

A new domestic intelligence network has made vast amounts of data available to federal and state agencies and law enforcement officials. The network is anchored by “fusion centers,” novel sites of intergovernmental collaboration that generate and share intelligence and information. Several fusion centers have generated controversy for engaging in extraordinary measures that place citizens on watch lists, invade citizens’ privacy, and chill free expression. In addition to eroding civil liberties, fusion center overreach has resulted in wasted resources without concomitant gains in security. While many scholars have assumed that this network represents a trade-off between security and civil liberties, our …

Forward To The Past, Michael Risch

Michael Risch

The Supreme Court’s decision in Bilski v. Kappos - banning all patents claiming ‘‘abstract ideas,’’ but refusing to categorically bar any particular type of patent - represents a return to the Court’s past patentable subject matter jurisprudence. In so returning, the Court determined that business methods could potentially be patentable. This Supreme Court Review article discusses what is essentially a restart: lower courts and the PTO must remake the law using the same precedent that led to the rigid rules rejected by the Court in Bilski. Part I discusses Mr. Bilski’s patent application and the Court’s ruling that it is …

La Libertad De Expresión En Internet Y Sus Garantías Constitucionales En El Control De Contenidos De Páginas Web, Germán M. Teruel Lozano

Germán M. Teruel Lozano

Master's thesis about freedom of speech in Internet and the constitutional guarantees in the control of websides content.

The Coming Fifth Amendment Challenge To Net Neutrality Regulation, Daniel Lyons

Daniel Lyons

No abstract provided.

The Path Of Cyberlaw In China（中国网络法的道路）, Henry L. Hu, Benjamin Chiao, Fan Wang, Xiaoshu Wang

Henry L Hu

No abstract provided.

Fulfilling Government 2.0'S Promise With Robust Privacy Protections, Danielle Keats Citron

Danielle Keats Citron

The public can now “friend” the White House and scores of agencies on social networks, virtual worlds, and video-sharing sites. The Obama Administration sees this trend as crucial to enhancing governmental transparency, public participation, and collaboration. As the President has underscored, government needs to tap into the public’s expertise because it doesn’t have all of the answers. To be sure, Government 2.0 might improve civic engagement. But it also might produce privacy vulnerabilities because agencies often gain access to individuals’ social network profiles, photographs, videos, and contact lists when interacting with individuals online. Little would prevent agencies from using and …

Convergence And Incongruence: Trademark Law And Icann’S Introduction Of New Generic Top-Level Domains, Christine Haight Farley

Christine Haight Farley

This paper demonstrates how problematic convergences between Internet technology, the demands of a burgeoning e-market and trademark laws have created myriad issues in international governance of domain names. The Internet Corporation for Assigned Names and Numbers (ICANN), the body that governs internet's infrastructure, recently approved a new policy that would allow it to accept applications for additional generic top-level domains (gTLDs). What ICANN contemplates is a uniform system to approve generic top level domains that is expected to have profound implications. Under this new plan anyone can apply for a new gTLD at any time and it could be literally …

Cyber Civil Rights: Looking Forward, Danielle Keats Citron

Danielle Keats Citron

The Cyber Civil Rights conference raised many important questions about the practical and normative value of seeing online harassment as a discrimination problem. In these remarks, I highlight and address two important issues that must be tackled before moving forward with a cyber civil rights agenda. The first concerns the practical—whether we, in fact, have useful antidiscrimination tools at the state and federal level and, if not, how we might conceive of new ones. The second involves the normative—whether we should invoke technological solutions, such as traceability anonymity, as part of a cyber civil rights agenda given their potential risks.

Mainstreaming Privacy Torts, Danielle Keats Citron

Danielle Keats Citron

In 1890, Samuel Warren and Louis Brandeis proposed a privacy tort and seventy years later, William Prosser conceived it as four wrongs. In both eras, privacy invasions primarily caused psychic and reputational wounds of a particular sort. Courts insisted upon significant proof due to those injuries’ alleged ethereal nature. Digital networks alter this calculus by exacerbating the injuries inflicted. Because humiliating personal information posted online has no expiration date, neither does individual suffering. Leaking databases of personal information and postings that encourage assaults invade privacy in ways that exact significant financial and physical harm. This dispels concerns that plaintiffs might …

What's Software Got To Do With It? The Ali Principles Of The Law Of Software Contracting, Juliet M. Moringiello, William L. Reynolds

William L. Reynolds

In May, 2009, the American Law Institute (“ALI”) approved its Principles of the Law of Software Contracts (“Principles”). The attempt to codify, or at least unify, the law of software contracts has a long and contentious history, the roots of which can be found in the attempt to add an Article 2B to the Uniform Commercial Code (“UCC”) in the mid-1990s. Article 2B became the Uniform Computer Information Transactions Act (“UCITA”) when the ALI withdrew from the project in 1999, and UCITA became the law in only two states, Virginia and Maryland. UCITA became a dirty word, with several states …

Government Speech 2.0, Helen L. Norton, Danielle Keats Citron

Danielle Keats Citron

New expressive technologies continue to transform the ways in which members of the public speak to one another. Not surprisingly, emerging technologies have changed the ways in which government speaks as well. Despite substantial shifts in how the government and other parties actually communicate, however, the Supreme Court to date has developed its government speech doctrine – which recognizes “government speech” as a defense to First Amendment challenges by plaintiffs who claim that the government has impermissibly excluded their expression based on viewpoint – only in the context of disputes involving fairly traditional forms of expression. In none of these …

Visionary Pragmatism And The Value Of Privacy In The Twenty-First Century, Danielle Keats Citron, Leslie Meltzer Henry

Danielle Keats Citron

Despite extensive scholarly, legislative, and judicial attention to privacy, our understanding of privacy and the interests it protects remains inadequate. At the crux of this problem is privacy’s protean nature: it means “so many different things to so many different people” that attempts to articulate just what it is, or why it is important, generally have failed or become unwieldy. As a result, important privacy problems remain unaddressed, often to society’s detriment. In his newest book, Understanding Privacy, Daniel J. Solove aims to reverse this state of affairs with a pluralistic conception of privacy that recognizes the societal value of …

Visionary Pragmatism And The Value Of Privacy In The Twenty-First Century, Danielle Keats Citron, Leslie Meltzer Henry

Leslie Meltzer Henry

Despite extensive scholarly, legislative, and judicial attention to privacy, our understanding of privacy and the interests it protects remains inadequate. At the crux of this problem is privacy’s protean nature: it means “so many different things to so many different people” that attempts to articulate just what it is, or why it is important, generally have failed or become unwieldy. As a result, important privacy problems remain unaddressed, often to society’s detriment. In his newest book, Understanding Privacy, Daniel J. Solove aims to reverse this state of affairs with a pluralistic conception of privacy that recognizes the societal value of …

Visionary Pragmatism And The Value Of Privacy In The Twenty-First Century, Danielle Keats Citron, Leslie Meltzer Henry

Danielle Keats Citron

Despite extensive scholarly, legislative, and judicial attention to privacy, our understanding of privacy and the interests it protects remains inadequate. At the crux of this problem is privacy’s protean nature: it means “so many different things to so many different people” that attempts to articulate just what it is, or why it is important, generally have failed or become unwieldy. As a result, important privacy problems remain unaddressed, often to society’s detriment. In his newest book, Understanding Privacy, Daniel J. Solove aims to reverse this state of affairs with a pluralistic conception of privacy that recognizes the societal value of …

Privacy As Product Safety, James Grimmelmann

James Grimmelmann

Online social media confound many of our familiar expectaitons about privacy. Contrary to popular myth, users of social software like Facebook do care about privacy, deserve it, and have trouble securing it for themselves. Moreover, traditional database-focused privacy regulations on the Fair Information Practices model, while often worthwhile, fail to engage with the distinctively social aspects of these online services.

Instead, online privacy law should take inspiration from a perhaps surprising quarter: product-safety law. A web site that directs users' personal information in ways they don't expect is a defectively designed product, and many concepts from products liability law could …

Dr. Generative Or: How I Learned To Stop Worrying And Love The Iphone, James Grimmelmann, Paul Ohm

James Grimmelmann

In The Future of the Internet--And How to Stop It, Jonathan Zittrain argues that the Internet has succeeded because it is uniquely "generative": individuals can use it in ways its creators never imagined. This Book Review uses the Apple II and the iPhone--the hero and the villain of the story as Zittrain tells it--to show both the strengths and the weaknesses of his argument. Descriptively and normatively, Zittrain has nailed it. Generativity elegantly combines prior theories into a succinct explanation of the technical characteristics that make the Internet what it is, and the book offers a strong argument that preserving …

The Challenges Of Internet To The Radio And Tv Regulation Systems（互联网对广电体制的挑战，Forthcoming）, Henry L. Hu

Henry L Hu

No abstract provided.

Local Legislation On The Internet Content（地方互联网内容管理）, Henry L. Hu

Henry L Hu

No abstract provided.

The Culture War Of The Google Book Search Project（谷歌数字图书馆的文化战争）, Henry L. Hu

Henry L Hu

No abstract provided.

Isp And The Internet Content Regulation（网络接入提供商与互联网内容治理）, Henry L. Hu

Henry L Hu

No abstract provided.

The Generative Internet（创生性的互联网）, Henry L. Hu

Henry L Hu

No abstract provided.

Real Name System On The Internet: Origins, Practices And Reflections（中国网络实名制管理：由来、实践与反思，Forthcoming）, Henry L. Hu

Henry L Hu

No abstract provided.

Online Promoter And Government Regulation（网络推手与政府管理）, Henry L. Hu

Henry L Hu

No abstract provided.

Law Of The Horse And Cyberlaw （‘马的法律’与网络法）, Henry L. Hu

Henry L Hu

No abstract provided.

Apuntes Generales Sobre La Libertad De Expresión En Internet, Germán M. Teruel Lozano

Germán M. Teruel Lozano

GENERAL NOTES ABOUT THE FREEDOM OF SPEECH IN INTERNET: This paper presents an overview of how Internet has revolutionized the setting of freedom of speech. In particular, it is focused in to main aspects: On one hand, the delimitation of freedom of expression in the new media, differentiating in particular between web pages dedicated to the dissemination of information, protected by the freedom of speech; and those that are intended to provide other telematics services, which should not have this protection. Secondly, it is also studied the legal status of this freedom when it is exercised through Internet.

Chapter 7 - Restricting Fair Use To Save The News, Ryan T. Holte

Prof. Ryan T. Holte

Ryan T. Holte in “Restricting Fair Use to Save the News: A Proposed Change in Copyright Law to Bring More Profit to News Reporting” examines the present condition of the media and the economic and public policies behind protecting news. He further discusses current means of protecting information through copyright and misappropriation law, before proposing a change in the Copyright Act to better allow the news industry to reap profits from news reporting.